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[Definitie:] "An ergogenic aid is any substance or phenomenon that enhances performance."
(Wilmore and Costill) 
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1 8 - 0 6 - 2 0 0 5 Former Newsday reporter awarded $25G
BY ROBIN TOPPING
A former Newsday reporter who became frustrated waiting for Nassau County authorities to arrest two youths who he said beat him in 2003 said he has obtained justice in civil court.
David Abramowicz, 26, said he had been lured into a meeting at a Massapequa park with two youths on Nov. 30, 2003, after one of them called, promising information about steroid use among high school soccer players.
Instead, the part-time sportswriter found himself cornered by two teenagers who punched and kicked him and hit him in the head with a wrench. He received five stitches to his head.
Abramowicz said he was able to positively identify one of his attackers months after the beating. However, Nassau Seventh Squad detectives who investigated the incident said they did not have solid grounds for arrests.
So Abramowicz, who lives in Manhattan and now works for another newspaper, sued two youths in State Supreme Court in Manhattan in November. Earlier this year he obtained a $25,000 settlement from them.
Because the two defendants in the civil suit were not charged criminally and because they were juveniles at the time of the incident, Newsday is not naming them. The defendants made no admissions or apologies in the settlement.
It is not unusual for victims to seek damages through civil suits, although generally the civil action takes place after a criminal case has been resolved. The burden of proof in a civil case is lower.
Abramowicz said he filed the suit because "it reached a point where it became clear we couldn't rely on any arrest to take place, and my only recourse was a civil suit."
The attack occurred at 8 p.m. at John F. Burns Park in Massapequa, and the youths wore hooded sweatshirts or ski caps. Abramowicz said he could not immediately identify his attackers.
Months later, police traced the origin of a cell phone call to Abramowicz from one of the two he later named in the civil suit. Abramowicz then identified a friend of that person through a yearbook.
Det. Lt. Karl Schoepp said the case stalled because Abramowicz's later identification of the youths was problematic. "Because he initially couldn't identify them, and then at a later date claimed to know who it was without any other input, it creates problems for our criminal case," Schoepp said. He said police were blocked from talking to both of the young men because they were represented by attorneys. The attorney for one of the two confirmed the settlement. "It was a high-profile case and we gave it a high priority," said Schoepp. The criminal case remains open, he said.
Abramowicz said he was frustrated with Newsday editors who he said met with police and initially expressed concern for him. He said the editors failed to follow up or return his calls. He also blamed Newsday for failing to pursue the case or publicize a reward that the newspaper offered. "I expected that Newsday would wage a campaign of sorts to ensure these people are brought to justice," he said.
Newsday spokesman Stuart Vincent said, "Newsday shares David Abramowicz's frustration that no arrests have been made. The safety of our reporters is paramount. Our newsroom covered the attack prominently in the paper. We met with police and Newsday offered a reward for information leading to an arrest."
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